The Law Of Unintended Consequences Meets The Law Of Rabbinic Xenophobic Vengeance

Sarit contacted me a while ago. She told me she had converted a few years ago, married, and has three children. Now she's been separated from her husband for three years, and he's urging her to finalize their divorce. But she's worried that if she asks a haredi-controlled rabbinic court to arrange the get, the judges will cancel her conversion. This would mean, of course, that her children who were born years after her conversion would also be declared not Jewish.

 

Rabbinic court defeats public 2-0
How did rabbinic judges manage to convince us all of new law – that it is possible to cancel conversion? This campaign of intimidation must be stopped
Rivkah Lubitch • Ynet

Sarit contacted me a while ago. She told me she had converted a few years ago, married, and has three children. Now she's been separated from her husband for three years, and he's urging her to finalize their divorce.

But she's worried that if she asks a rabbinic court to arrange the get, the judges will cancel her conversion. This would mean, of course, that her children who were born years after her conversion would also be declared not Jewish.

"I said to my husband, 'What do you need the piece of paper for? Let's just each of us go and live our lives without a divorce!'" Sarit told me, almost in tears. "But he insisted on the divorce and doesn't seem to care that this will blacklist our children and prevent them from marrying!"

Sarit even recruited her father-in-law in her support, who like her, was worried that his grandchildren may be put on the blacklist of those who cannot marry (pesulei-hitun). But her husband kept insisting that she agree to a get.

During our conversation, we considered a number of options should the rabbis ask Sarit about her religious observance in the event she did agree to go to court. Sarit suggested the possibility of the "lie."
 
I told her that I could not support this approach, and besides, I explained to her, it's not so easy to lie and claim that one keeps the Commandments when one does not. It's pretty easy to see through these types of lies.

We suggested that Sarit simply refuse to answer questions posed by the rabbinic judges. "I'll just tell them that I came for a get, and I don't intend to answer questions relating to my lifestyle. What's that got to do with my divorce?"

I explained to her that under the current circumstances, a court may well refuse to arrange the divorce until she responds to its questions. If she wanted to fight for the right to a get without a court inquiring into her personal life, she'd have to be willing to undertake complicated legal proceedings that could consume a lot of time and effort.

Sarit proposed that she ban her children from watching TV or playing on the computer on Shabbat, at least for the coming months, so that she could declare in court: "We do not watch TV or play computer games on Shabbat," without it being a lie. I told her the problems with this sort of presentation.

How did Sarit get her divorce?

After talking for about half an hour, I began to get a completely different picture of Sarit's life. She doesn't drive on Saturday ("my husband and children drive on Shabbat, but I don't"). She lights Shabbat candles regularly and makes a blessing over the Shabbat wine. She recites the ritual blessing to commemorate the end of the Shabbat (havdalah).
 
What's more, Sarit maintained the laws of family purity during all the years of her marriage until her husband declared, "I'm not touching you anymore." In fact, after her conversion, Sarit lived for several years in religious neighborhoods and took part in the activities of the religious community.
 
Anyway, it soon became clear that Sarit had not converted for the purpose of marrying, but out of the sincere desire to be closer to the God of Israel, and first met her husband five years after the conversion. Until she married, she kept the Commandments, big and small.

I gave a sigh of relief, and explained to Sarit (who was crying) that there was no reason in the world anyone in any court should even think of canceling her conversion. "But I don't go to synagogue, anymore," Sarit sobbed. "And I don't consult with rabbis," she continued. "Or keep everything that I promised the rabbis I would keep."
 
I had to do some serious convincing before Sarit internalized that she had kept the Commandments, and still keeps the most important ones to this very day. I assured her, although I knew it was not necessarily true, that there was no chance a court would abrogate her conversion.

So, with the fear of God, Sarit agreed to go to court and arrange for a divorce. In court, the rabbis asked her, "Do you keep the Commandments?" She answered "Yes." "Do you eat kosher?" She answered "Yes." And to the question, "Are you keeping the laws of family purity?" Sarit replied: "Yes. But now I have no husband." Sarit passed the rabbis' test, and her husband gave her a get.
 
Sarit's story ended well, thanks to a lot of coaching and no little amount of luck. But dozens of other cases end very badly. This scare campaign has to stop, and with it all the relentless digging into the private lives of people by rabbinic judges who sit on the official courts of the State of Israel and collect a salary paid from taxpayer money.

I wonder: How did the rabbinic judges manage to convince us all of a new law – that it is possible to undo a conversion? How did they get the general public to cooperate with them and to hold our breath every time a convert walks into the four wall of a rabbinic court hoping to get out of there a Jew? Two points for the court, 0 points for the people and the Halacha.
 
Rivkah Lubitch is a rabbinic court pleader who works at The Center for Women’s Justice . Tel. 972-2-5664390.

This story easily could have ended with Sarit producing more children with another man but without a get, which would have made these additional children mamzerim (roughly translated as bastards). Mamzerim are not allowed to marry regular Jews, and are considered to be tainted. This causes people to try to hide their status as mamzerim, which causes mamzerim to marry regular Jews, which creates more mamzerim.

Rabbis are taught to do everything in their power to avoid ruling children mamzerim, but at the same time, they are told to do everything in their power to avoid creating situations that will cause people to act improperly and that will create new mamzerim.

What ultra-Orthodox leaders have done is create a situation in which their search for Jewish 'purity' by excluding from the Jewish people converts who have been less than ultra-Orthodox since their conversions has created the potential for a far worse problem – mamzerut, bastardy.

But don't mistake my words.

What the ultra-Orthodox rabbis have done to converts is wrong, even if the unintended creation of mamzerim did not exist.

Comments

[Adam Neira]

What the Beth Din will ask...

Did she go through an orthodox conversion ?

What is her commitment to the Jewish people ?

Is she a fine, upstanding woman ?

I'm being the devils advocate here on purpose. The issue of what constitutes a real conversion is a tricky one at the moment because so many things are in a state of flux. The prophecy that all people will turn to the good/G-d is upon us. The epicentre of this emerging state is the Holy Land.

It is also a shame the divorce happened. I think people should go through as deep and proper a courtship as possible before they hook up.

[Seymour]

What ultra-Orthodox leaders have done is create a situation in which their search for Jewish 'purity' by excluding from the Jewish people converts who have been less than ultra-Orthodox since their conversions has created the potential for a far worse problem – mamzerut, bastardy.

interesting it look like they did not ask do you steal. do you commit fraud? I guess they did not ask since is permissible as per the ultra Orthodox

the real problem is that the secular have given to much power to the rebbies, they are power hungry and they will ruins lives to show who is power

[Reuven]

I wonder what the situation would've been had the rabbis been guitar-strumming Reform Jews out of a NFTY camp.

[masortiman]

1. The problem here is not necessarily the reversability of conversion (the haredim may take it too far, but that a conversion needs to be sincere is law going back to the talmud, IIUC) - its the bet din asking unnecessary questions in the get proceeding. Other than issues of sexuality, what relevance could there possibly be to lifestyle in an uncontested request for a get?

2. To ask reuvens q more seriously - I am pretty sure Reform rabbis dont do gets, they consider a civil divorce adequate. Conservative bet dins issue gets - but an Orthodox get is desirable to avoid issues if one or ones children at some point want/need to marry under O auspices.

[Gevezener Chusid]

If she was observant of Shabbos and Taharas haMishpacha for a time after her conversion, then even if she ceased being observant later on, rabbis can presume that her conversion is valid, as they did in this case.

The problem is with people who walk out of the conversion mikva and eat a ham sandwich. It is pretty obvious that the conversion was not a sincere one. A perspective convert can dunk in a million mikvas but if he or she doesn't have the intention of observing the Torah we can only presume that the conversion was insincere and is therefore invalid. period.

[Gevezener Chusid]

"ham sandwich" was an illustrative example. Any flagrant violations of any Torah law would be sufficient evidence to presumably invalidate the conversion.

There exists the possibility that at the time of the tevilah in the mikva the convert DID have the intention of observing the Torah but fell victim to his or her natural inclinations immediately upon emerging from the mikva. The conversion then would actually be a valid one, but would have to be presumed to have been invalid based on the evidence of the person's behavior.

[Dan]

"I said to my husband, 'What do you need the piece of paper for? Let's just each of us go and live our lives without a divorce!'" Sarit told me, almost in tears.

That speaks volumes about Sarit's commitment to Torah Judaism, or even whether she has a basic understanding of it.

[Bracha]

Dan: I think she's doing what any mother would do - putting the future happiness and wellbeing of her children above her own or her husband's. She is saying that she will forgo having future children to avoid the risk that her conversion will be annulled, irrevocably changing the identity of her current children. I think she has a beautifully intricate understanding of Torah.

[mottel]

Confused - is she observant or not? Initially the article says not, then she suddenly becomes observant.

If not - how ironic that she is concerned that they will ask if she sincerely observes mitzvos, she'll say no, they'll question her conversion... why the heck not? If she converted properly why is she so dismissive now of observance?

Something doesn't add up here

[Aleksandr Sigalov]

Its funny. Why'd she be worried? She is not Jewish, neither her husband nor her children.

I mean, they may be the descendents (biologically) from the tribe of Judah, but they do not follow the Law of Moses.

They follow Talmud, which is a holy book of a pretty much separate religion now. And technically speaking, i think God would not care much about what they do.

Btw, Shmaryah, the meaning of expression "mamzer" is still unclear to most bible schollars.

I understand that you were about how (U)O Jews understand it, but some people may not get that.

[masortiman]

"mean, they may be the descendents (biologically) from the tribe of Judah, but they do not follow the Law of Moses.

They follow Talmud, which is a holy book of a pretty much separate religion now."

aleks, the bible seems to talk a lot about Jews who sin, commit idolatry, etc. If not following the Law of Moses (howsoever defined) makes one not a Jew, how is it possible that there were Jews who commited idolatry?

[Yissy-CA]

Chassidim and extreme litvish rabbonim are the fucking problem here. Why the hell are these bastards allowed to sit on beit dins? Let reasonable, fucntional, HALAKHIC Judaism prevail.

[ah-pee-chorus]

shmarya- thanks for interesting piece.

there is a missing "A" in "vengeance".

[Aleksandr Sigalov]

aleks, the bible seems to talk a lot about Jews who sin, commit idolatry, etc. If not following the Law of Moses (howsoever defined) makes one not a Jew, how is it possible that there were Jews who commited idolatry?

Simple. They were following the Law of Moses to begin with. Only then they have commited idolatry.

In this case, however, they NEVER followed the Law of Moses.

I mean, you have to climb up to fall. You cannot fall if you are already on the ground.

I hope the logic is clear...

[Bassy the Haredi Slayer]

The rabbis in the rabbinate are the same rabbis who were getting money from Tropper and were cheering him while he was revoking conversions and extracting sex from conversion candidates.

Tropper was not selfish he was using his power only to provide sex for himself, he was providing sex to his wife and friends as well.

[masortiman]

"Simple. They were following the Law of Moses to begin with. Only then they have commited idolatry."

You know this, HOW? SOme bible texts seem to indicate idolatry repeating over generations - or skipping of essential biblical laws, like keeping the Passover sacrifice. You certainly can't say for sure from the text that everyone who is in violation had a time in their life when they completely followed the law. You seem to be "interpreting" the bible to make it fit your agenda.

[Aleksandr Sigalov]

You certainly can't say for sure from the text that everyone who is in violation had a time in their life when they completely followed the law.

You missing the point. Today Jews do not even try to follow the Law of Moses. Not because they do not have time (or whatever), but because they replaced it with the rabbinical work called mishna (aka talmud). Are you capable of understanding that ?

The Law of Moses (Sefer Torah) is a relic for them. Precisely as it is to Christians, who call it "old testament".

In any (U)O community you will hear 1000 quotes from mishna/gemara/rashi,rambam, e.t.c before you hear 1 (if any) from the Pentateuch.

You, on the other hand, seem to be under the impression that it is normal. And that deep knowledge and familiarity with the primary sources is not important for Torah (real Torah) study.

As example, I do not know of ANY SINGLE U(O) WORK that would tell me the EXACT layout and technical nuances of the Tabernacle. Would you care to explain to me why ?

How come that U(O) Jews do not know this ? This is basic stuff (according to them), yet NO ONE KNOWS !!! Care to explain ?

[Isa]

She needs to find a MO Beth Din in America or Canada. All the while looking the part of an observant woman and know what answers the rabbis want to hear
Barring that she COULD marry a non-Jew [e.g. Reform convert] and any more children are NOT considered 'mamzer'